Companion Animals FAQ

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Department of Local Government

Companion AnimalsFrequently Asked Questions

INDEX

1. MICROCHIPPING AND LIFETIME REGISTRATION When does my cat or dog need to be microchipped and why does it

have to be done?

Are there any exemptions from microchipping and l ifet ime registrat ionof dogs and cats?

Is my pet an Assistance Animal? Is a Therapy Animal an Assistance Animal? Does my farm work ing dog have to be registered? Can my cat or dog lose its exemption f rom microchipping and lifetime

registration? How much does microchipping cost and where can I get it done? I dont want to microchip my pet. Can I still lifetime register? My pet is too young or too old to microchip and it will hur t them - do I

have to have it done? What should I do if my pets microchip number is not on the NSW

Companion Animals Register? What if my dog or cat is already microchipped and listed on another

microchip register? What should I do if my pet was microchipped interstate or overseas? When do I have to l ifetime register my dog or cat? How much does lifetime registration cost? Can I get a pensioner discount when I lifetime register my pet? As a breeder, can I lifetime register my undesexed dog or cat for the

Recognised Breeders fee? Are any refunds avai lable on l ifet ime registration fees? I have recently moved to NSW how long unt il I have to lifetime register

my pet? My pet is already registered with a council in another State or Territory -

do I have to lifetime register i t in NSW as well?

2. YOUR RIGHTS AND RESPONSIBILITIES How do I update my contact details on the NSW Companion Animals

Register if I move house or change my name? What if I am moving interstate? What do I need to do i f I give my pet away or sell it?

What do I need to do if my pet is lost or dies?

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Can I access information on the NSW Companion Animals Register?


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What are my responsibilities as a companion animal owner? Does my dog or cat have to wear a collar and tag? Does my cat or dog have to be desexed? What do I need to do when my dog is in a public place? Are dogs banned from some areas?

What should I do if a dog attacks me? Am I liable if my dog has attacked? Can someone else remove my dog from my property? Do I have to keep my cat inside? Are cats banned f rom some areas? Is there a limit on the number of companion animals I can own? I have found a stray animal what should I do wi th it? Is council required to come and collect the stray animal I have found? Can I get after-hours assistance for companion animals issues?

3. PENALTIES AND POWERS What legislation regulates the responsible ownership of companion

animals in NSW? Who is responsible for enforcing the Companion Animals Act? What wil l happen if I dont register my dog or my new cat? What penalties are there in relation to nuisance dogs and cats? What are the penalties for dogs that attack? What penalties are there in relation to restricted or declared dangerous

dogs? What can I do if I dont l ike what action council has taken in relation to a

companion animals issue?

The council sent me a fine what can I do?

4. NUISANCE CATS AND DOGS What is a nuisance cat or dog? Will I be fined if my dog barks?

5. DECLARED DANGEROUS DOGS What is a declared dangerous dog? What should I do if council has issued me with a Notice of Intention to

declare my dog dangerous? I have a dog to guard my house - is it a dangerous dog? What do I need to do if my dangerous dog is lost or dies?

6. RESTRICTED DOGS What is a restricted dog? What should I do if council has issued me with a Notice of Intention to

declare my dog restricted? What do I need to do i f my restricted dog is lost or dies?

7. VETS AND AUTHORISED IDENTIFIERS I want to become an Authorised Identif ier what do I need to do?

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As a vet, how can I get access to the NSW Companion AnimalsRegister?


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How can I order more NSW Companion Animal Register forms? What is an Approved Person?

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How can I become an Approved Person?


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Companion AnimalsFrequently Asked Questions

1. MICROCHIPPING AND LIFETIME REGISTRATION

When does my cat or dog have to be microchipped and why does it have to bedone?

Since 1 J uly 1999 all dogs and cats in NSW must be microchipped at point of sale,change of ownership or by 12 weeks of age, whichever occurs first.

If you purchase a puppy, kitten, dog or cat in NSW, under the Companion AnimalsAct 1998 it must be microchipped first. If it isnt then you should report this to yourlocal council for investigation and action if appropriate.

For further information, including responsibilities and penalties in relation tomicrochipping and registration, please refer to the brochures Information for dogowners in NSW and Information for cat owners in NSW.

Are there any exempt ions from microchipping and li fet ime regist rat ion of dogsand cats?

Yes. Cats born before 1 J uly 1999 that remain with their original owner, workingdogs used for tending stock on rural properties and Greyhounds registered under the

Greyhound and Harness Racing Administration Act 2004 are exempt frommicrochipping and lifetime registration requirements. To confirm your animals rightto an exemption you should contact your local council.

Assistance Animals are required to be microchipped and lifetime registered but thereis no registration fee.

Is my pet an Assistance Animal?

Assistance Animals are defined in the Act to include guide dogs, a dog trained toassist a person in activities where hearing is required, and any other animal trained

by a recognised training organisation to assist a person to alleviate the effect of adisability.

Owners claiming a lifetime registration fee exemption for an Assistance Animalshould provide council with reasonable proof that the animal is a genuine AssistanceAnimal. Such proof should include a signed statement or documentation from arecognised training body that the animal is (or is being) trained as an AssistanceAnimal and a signed statement from the training body or the owner that the animal isbeing used for that purpose.

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Genuine Assistance Animals are always desexed and come with papers and/or

identification discs from the training organisation that clearly show they are an
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Assistance Animal, and for what purpose. An animal that has been trained oreducated by its owner is not an Assistance Animal as defined in the Act.

Is a therapy animal an Assistance Animal?

No. A therapy animal is an animal that engages in therapeutic activity to improve apersons general well being and quality of life. Animal therapy may be definedformally as the use of animals to facilitate counselling or psychotherapy.

Therapy animals may work with a patient to provide emotional comfort and promotea positive state of mind. The animal may also ease discomfort through its affection,play and presence. Councils sometimes receive requests to list these animals asAssistance Animals. Animals that are used as therapy animals are not AssistanceAnimals and are still required to be microchipped and lifetime registered and aregistration fee paid, the same as other cats or dogs.

Does my farm working dog have to be registered?

A working dog is defined in the Companion Animals Act as a dog used primarily forthe purpose of droving, tending, working or protecting stock, and includes a dogwhich is being trained as a working dog.

Working dogs that are ordinarily kept in the Western Division of NSW that is notwithin a local government area, or is ordinarily kept on land categorised as farmlandfor rating purposes (see Part 3 of Chapter 15 of the Local Government Act 1993) areexempt from microchipping and registration requirements.

If you own a working dog that is exempt from microchipping and lifetime registration,you are encouraged to microchip and register your valuable animal. However, noregistration fee applies. For all other working dogs that do not meet the aboveexemption requirements, microchipping and lifetime registration is required, but noregistration fee applies.

When councils determine whether or not a dog is classified as an exempt workingdog, the council officer may base their decision on where the animal is ordinarilykept, as well as the breed of the dog and what work it is used for. If you have aworking dog but you live in an urban area you are still required to microchip and

lifetime register your dog. Your occupation, for example if you are a shearer or stockand station agent, doesnt mean your dog is exempt from microchipping and lifetimeregistration requirements, but no registration fee applies.

For further information regarding rights, responsibilities and penalties please refer tothe brochure Dogs in Rural Communities.

Can my cat or dog lose its exemption from microchipping and lifetimeregistration?

Yes. If your cat or dog is exempt from microchipping and registration requirements it

may lose its exemption if it breaches the Companion Animals Act.

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Any dog which has been declared dangerous (including working dogs) must bemicrochipped and lifetime registered. Similarly, any dog or cat which is the subjectof a nuisance order must be microchipped and registered.

If a person is convicted of an offence under the Companion Animals Act, any

registration exemption which may apply is lost, and the animal must be microchippedand lifetime registered.

Similarly, if any cat or dog is taken into the custody of a council pound it must bemicrochipped and registered before being released to its owner (even if it is less than6 months old).

For further information, including responsibilities and penalties, please refer to thebrochures Information for dog owners in NSW and Information for cat owners inNSW.

How much does microchipping cost and where can I get it done?

The cost of microchipping is not regulated and you should shop around for the bestprice. All vets in NSW are authorised to implant microchips. Many vet nurses, petgrooming businesses and pet shops may also offer microchipping.

Many local councils also offer low-cost microchipping for their residents. You shouldcontact your local council to see if they offer this service.

I dont want to microchip my pet. Can I still lifetime register?

No. Lifetime registration in NSW is a two-step process. The first step ismicrochipping and the second step is the actual payment of a registration fee by thetime your pet is 6 months old. Step 2 cannot happen unless step 1 has alreadytaken place.


My pet is too young or too old to microchip and it will hurt them - do I have to

have it done?

Yes. Microchipping a dog or cat is similar to having an annual vaccination and is notparticularly painful. Animal welfare organisations have been microchipping dogs andcats for almost 30 years. They have long recognised that the benefits of permanentidentification by way of a microchip far outweighs the minor discomfort of the initialimplantation.

The Companion Animals Act does provide that if an animal is too ill or infirm tomicrochip before 12 weeks of age, then a vet may provide a certificate for anexemption but this is only temporary and the certificate must nominate a date that

the animal is able to be microchipped prior to it turning 6 months of age.

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Microchipping has been compulsory in NSW since 1999, so there are no exemptionsif you consider that your animal is now too old to be microchipped, except for catsborn before 1 J uly 1999 where ownership has not changed - refer to the FAQregarding exemptions.

What should I do if my pets microchip number is not on the NSW CompanionAnimals Regis ter?

If you have had your dog or cat microchipped in NSW, the Authorised Identifier mustenter the information onto the NSW Companion Animals Register within 3 days ofimplanting the microchip, or send the information to your local council for data entrywithin 3 days. The local council must enter the information onto the Register within 7days of receipt of the information. If you are concerned about the accuracy ofinformation on the Register you should take any documentation that you have toyour local council. Interstate pet owners should contact the NSW Department ofLocal Government on (02) 4428 4100.

What if my dog or cat is already microchipped and listed on another microchipregister?

If you have had your animal microchipped outside NSW, or you had your animalmicrochipped before 1 J uly 1999, then all you need to do is provide evidence thatyour animal has been microchipped in order to register your cat or dog on the NSWCompanion Animals Register. This could be the original documentation from whenthe animal was microchipped, or a signed statement from a vet or other authorisedidentifier that they have scanned the animal and quoting the microchip number.

What should I do if my pet was microchipped interstate or overseas?

Companion animals microchipped interstate will nearly always have their microchipdetails listed on one of the national microchip registers.

Companion animals entering Australia from overseas are always microchipped.However, the Australian Quarantine and Inspection Service does not advise orprovide any information to owners about the national microchip registers. If you are aNSW resident then you must contact your local council to register the microchip andcontact details onto the NSW Companion Animals Register.

When do I have to li fetime register my dog or cat?

All dogs and cats that require lifetime registration must be registered by the time theyare 6 months of age.

Any dog or cat that is impounded, declared a nuisance, declared dangerous or is arestricted dog, MUST be microchipped and lifetime registered even if its not yet 6months of age.

All pet owners are encouraged to desex their pets prior to registration to take

advantage of the significant registration discounts offered for desexed animals.

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How much does lifetime registration cost?

Registration fees for dogs and cats are set by legislation and councils are unable tochange them.

Undesexed (entire) $150Desexed $40Undesexed animal kept by RecognisedBreeder for breeding purposes $40Desexed animal owned by pensioner $15

Some lifetime registrations do not carry a fee

Working dogs no feeCat born prior to 1 J uly 1999 no feeAssistance animals no feeDogs in the service of the State no feeGreyhounds registered under the Greyhound and Harness Racing AdministrationAct 2004 no fee

If you are intending to apply for a reduced registration fee you will need to contactyour local council for information on what supporting documentation is required.

Can I get a pensioner discount when I lifetime register my pet?

Yes. However pensioners with entire (undesexed) animals must pay the fullregistration fee, unless you are included in some other category such as aRecognised Breeder.

An eligible pensioner is the same as that defined in the Local Government (General)Regulation 2005 (cl 134). For example, this category includes anyone in receipt ofan aged pension, war widows pension, or a disability pension.

Councils must sight the appropriate documentation before granting the discount.

This might include a pensioner concession card or social security documents. Ahealth care card or a senior citizens card are not acceptable evidence of being therecipient of a pension. You must also provide proof that it is desexed or a veterinarystatement stating the dog is permanently incapable of reproduction.

As a breeder, can I li fetime register my undesexed dog or cat for theRecognised Breeders fee?

Yes. However only Recognised Breeders are able to claim the RecognisedBreeders lifetime registration fee for their undesexed dog or cat.

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A Recognised Breeder is currently a person who is a member of one of the threefollowing organisations:

(a) Dogs NSW (formerly Royal NSW Canine Council)(b) NSW Cat Fanciers Association(c) Waratah State Cat Alliance

Before granting a discount for a Recognised Breeder, councils must sight all of thefollowing:

(a) a current membership card from one of the listed recognised organisations;(b) evidence that the animal is a purebred; and(c) a signed statement by the owner that the animal is to be kept for breeding

purposes.

Are any refunds avai lable on li fet ime reg istrat ion fees?

No. Under the Companion Animals Act, registration is a once-only process for thelifetime of the animal. As a result it is not possible to obtain a refund if, for example,you have your animal desexed after it is registered, or if your animal dies soon afterregistration.

I have recently moved to NSW how long until I have to lifetime register mypet?

You have 3 months to register your pet on the NSW Companion Animals Registerafter you have moved to NSW. Registration is for the life of the animal so even ifyou move interstate again and then return, your pet is still registered. Dont forget toupdate your contact details on the Register by contacting your local council.

My pet is already registered with a council in another State or Territory - do Ihave to lifetime register i t in NSW as well?

Yes. If you are moving to NSW, and intend to be here for 3 months or longer, youmust lifetime register your pet by contacting your local council. Registration fromanother State or Territory is not transferable to NSW.

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2. YOUR RIGHTS AND RESPONSIBILITIES

How do I update my contact details on the NSW Companion Animals Registerif I move house or change my name?

For NSW residents, your local council is responsible for updating and maintaining allinformation contained on the NSW Companion Animals Register. If you arechanging your name and/or address, you will need the Change of Owner/Detailsform. If you are only changing your address, you can use the Change of AddressNotice. Both of these forms are also available from your local council. When theform is completed you need to mail it to your local council or present it over thecounter at your council.

You have 14 days to notify council of any changes to identification or registrationinformation.

PET OWNERS SHOULD MAKE SURE THAT THEIR CONTACT INFORMATIONLISTED ON THE NSW COMPANION ANIMALS REGISTER IS ALWAYS UP TODATE AND CURRENT IF YOUR PET GOES MISSING, YOU CANT BECONTACTED IF YOUR INFORMATION IS OUT OF DATE.

What i f I am moving interstate?

If you have already moved interstate you can download a Change of Address Noticeand send it to your old NSW local council or to the NSW Companion AnimalsRegister at Locked Bag 3030, NOWRA NSW 2541.

There are other private national animal microchip registers that your animalsmicrochip number may be listed on. These national registers also accept otheranimals such as rabbits, ferrets, guinea pigs and horses, which are not covered bythe NSW Companion Animals Act.

All dogs and cats in NSW must be microchipped and the number placed on the NSWCompanion Animals Register by an Authorised Identifier. However, sometimes as anextra service by Authorised Identifiers, pets are also placed on one of the nationalregisters, particularly if the owner is travelling or moving interstate.

Contact details for existing national registers are as follows:

Australian Animal Register (AAR) 1800 025 461www.australiananimalregistry.com.auCentral Animals Records (CAR) 1800 333 202www.car.com.auNational Pet Register (NPR) 1300 734 738www.petregister.com.au

Petsafe 1800 989 989

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www.petsafe.com.au
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There are a number of other responsibilities you have towards other members of thecommunity in relation to your companion animal. These are set out in theCompanion Animals Act and council officers have the power to enforce the law toensure that owners meet these responsibilities.

You are responsible for ensuring that your animal does not harm or threaten anyother person or animal. For dog owners this means that you must be able to containyour dog on your property, and when you are in public with your dog you must keepit on a leash, except in specially designated areas. The owners of restricted breedsof dog, including American pitbull terriers, have several more stringentresponsibilities, as do the owners of dogs that have been declared dangerous.

For further information, including responsibilities and penalties in relation to restrictedor declared dangerous dogs, please refer to the brochureRestricted and DangerousDogs in NSW or the FAQ sections on Restricted Dogs and Declared DangerousDogs.

Owners of cats are encouraged to keep them inside at night to reduce the chancesof them fighting and hunting other animals. In addition you are required to ensurethat your cat stays out of restricted areas including food preparation and wildlifeprotection areas.

As an owner of either a dog or a cat you must make sure that your animal is notcausing a nuisance, whether by persistently making a noise, straying, interfering withother peoples property or otherwise. Dog owners are also required to promptlydispose of any faeces that their dog may leave anywhere other than their ownproperty.

The responsibilities of owning a companion animal are well balanced by the rewardsthat the companionship of a dog or cat can bring. The Companion Animals Act aimsto assist companion animals and their owners to co-exist with other members of thecommunity including those who choose not to own a cat or dog. By understandingand fulfilling your responsibilities you can help to maximise the benefits ofcompanion animal ownership for your pet, your neighbours and your community.

For further information including responsibilities and penalties, please refer to thebrochures Information for dog owners in NSW and Information for cat owners in

NSW.

Does my dog or cat have to wear a collar and tag?

Yes. All dogs must wear a collar and tag with your contact details on it when in apublic place.

Cats born before 1 J uly 1999 must be identified with either a microchip or a collarand tag. All cats born after 1 J uly 1999 must be microchipped and lifetime registered.

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It makes good sense to have a collar and tag with your contact details on it, on your

pet at all times. Despite the microchip, if your pet goes missing, then you can bereadily identified by the contact information on the tag. A collar and tag will often
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mean your pet is returned to you quickly and may save your pet from being taken tothe council pound.

Does my cat or dog have to be desexed?

The desexing of dogs and cats is not compulsory in New South Wales. There is agreat deal of concern about the number of unwanted or unowned animals born eachyear, and desexing your pet is strongly recommended.

Although the Companion Animals Act does not require compulsory desexing, itestablishes a system of registration that provides an incentive for companion animalsto be desexed. The fee for lifetime registration of a desexed animal is only $40compared to $150 for an entire animal.

The benefits of desexing include reducing the likelihood that your dog or cat willstray, reducing fighting and aggression and reducing antisocial behaviour such as

spraying to mark territory. Desexing before six months of age is encouraged, and itis recommended that you talk to your vet about the options.

If you are unable to have your animal desexed because of financial concerns, it issuggested that you talk to your vet or an animal welfare association, as they may beable to assist you.

There is no scientific evidence to show that it is better to allow an animal to haveone litter before being desexed. Unless you are a recognised breeder you shouldseriously consider desexing both female and male animals.

What do I need to do when my dog is in a public place?

Public places are for the enjoyment of everyone, and when you take your dog into apublic place you must make sure that it does not interfere with the safety orenjoyment of other people. The Companion Animals Act includes a range ofprovisions to make sure that exercising your dog is safe and hygienic.

When your dog is out in public, whether walking to the shops or visiting a park, itmust be under the effective control of a competent person at all times. This meansthat it must be on a lead and under the control of someone who is capable of

restraining the dog. Small children, for instance, may not be able to control largedogs and under these circumstances an adult should walk the dog.

It is recognised that dogs benefit greatly from the chance to run freely, and for thisreason the Companion Animals Act makes it a duty for councils to provide off-leashareas for the exercise of dogs. These areas may only be available for this purposefor limited hours, but at any time there must be at least one place in each councilarea where dogs can be exercised without a lead. Contact your local council to findout where your nearest off-leash exercise area is.

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If your dog defecates in a public place or on someone elses property, it is your

responsibility to remove the faeces immediately and dispose of them properly.


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Councils have a duty to provide bins for the disposal of dog faeces in places wheredogs are often exercised, and you should look for these bins in your area.

For further information including responsibilities and penalties, please refer to thebrochures Information for dog owners in NSW.

Are dogs banned from some areas?

Yes. Under the Companion Animals Act dogs are prohibited from public areasincluding within 10 metres of a childrens play area, within 10 metres of foodpreparation or consumption areas, recreation areas where dogs are prohibited,public bathing areas where dogs are prohibited, school grounds, child care centres,shopping centres where dogs are prohibited and wildlife protection areas.

For further information including responsibilities and penalties, please refer to thebrochure Information for dog owners in NSW.

What should I do if a dog attacks me?

If you have either witnessed a dog attack or been the victim of an attack by a dog,irrespective of whether or not the attack occurred on public or private property, youshould report it to your local council. If an attack occurs outside of council hours andyou are unable to contact the council, then you may call your local Police Station.Police officers are also authorised officers under the Companion Animals Act.Authorised officers have a wide range of powers to deal with owners of attackingdogs, including seizure of dogs that have attacked. If you have been the subject of aserious dog attack, you may wish to seek your own legal advice to determine whatremedies you may have for your situation.

Am I liable if my dog has attacked?

Yes. If you are the owner of a dog you should be aware that you are liable if yourdog attacks a person or another animal. While the Companion Animals Act givescertain protection to owners of dogs which attack as a result of a person or animaltrespassing onto property on which the animal is kept, other forms of liability may stillapply. If your dog has attacked a person or animal, you may wish to seek your ownlegal advice.

Can someone else remove my dog from my property?

Yes. The Companion Animals Act allows an authorised officer of a council or policeofficer to enter private property to seize a dog in limited circumstances.

Action can be taken only where the owner consents or a dog has attacked or bitten aperson or animal and where the owner is not there or cannot bring the dog undercontrol.

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An authorised officer may also seize the dog anytime within 72 hours of an attack if

the owner cannot keep it adequately secured or the officer reasonably believes thedog will not be kept under effective control.
http://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Dog_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Dog_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Dog_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Dog_Owners_in_NSW_-_Brochure.pdf


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If the dog is taken off the owners property, the authorised officer must leave a noticeexplaining why the dog has been taken and where the dog can be found.

The intention of this provision is to give a council officer power to bring under control

a dog which has attacked and which is at risk of continuing to cause an immediatethreat to public safety.

For specific information on the seizing of declared dangerous or restricted dogs,please refer to the Restricted and Dangerous Dogs in NSW brochure.

Do I have to keep my cat inside?

The Companion Animals Act does not contain any requirement for cats to be keptinside, or a cat curfew. However, cat owners are encouraged to keep their cat insideat night as this can provide many benefits to both the cat itself and the general

community.

Fighting and yowling are also more of a problem at night, as unwanted noise islikely to be intrusive and to keep neighbours awake. Keeping your cat inside at nightis therefore recommended in the interests of community harmony.

Many kinds of native wildlife are more active or more vulnerable to hunting at night.There is also evidence that cats hunt more during the night than during the day.Therefore, by keeping your cat inside you can help reduce the number of nativeanimals that are killed in your area.

While it may be difficult to change the behaviour of grown cats, kittens can easilybecome accustomed to staying inside at night.

For further information including responsibilities and penalties, please refer to thebrochure Information for cat owners in NSW.

Are cats banned from some areas?

Yes. Under the Companion Animals Act cats are prohibited from public areas wherefood is produced or consumed and from Wildlife Protection Areas.

Wildlife Protection Areas can be set aside by the local council and must be properlysignposted. Strategies for managing companion animals in and around these areaswill be set out in the councils Local Companion Animal Management Plan or othercouncil planning documents such as Management Plan, all of which are subject topublic consultation.

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For further information including responsibilities and penalties, please refer to thebrochure Information for cat owners in NSW.
http://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Cat_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Cat_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Cat_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Information_for_Cat_Owners_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdf


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Is there a limit on the number of companion animals I can own?

No. There is no limit on the number of animals that a person can own, provided thatthe animals are properly cared for and do not pose a nuisance, health or safety risk

to other members of the community.

However, councils can develop policies either through their Local Companion AnimalManagement Plans or as Local Orders Policies, which provide guidance as to thenumber of animals considered acceptable in your local area. These policies will onlybe applied where health, safety, amenity or animal welfare problems are identifiedand are subject to public consultation before being adopted by council.

A Local Orders Policy in relation to the keeping of animals serves two purposes:firstly, to provide a guideline for all local residents on what is generally considered anappropriate number and kind of animals which may be kept; and secondly, to provide

publicly accepted and documented criteria which council will use in investigating anycomplaint that animals kept by a particular person pose a health or safety risk toother members of the community.

Councils do not have powers under either the Local Government Act or theCompanion Animals Act to generally enforce a limit on the number of animals keptas pets by all residents. Nor do councils have powers to require a person to apply forapproval to keep more than the number of animals specified in a Local OrdersPolicy.

If you are operating a business involving the keeping of animals, such as a breedingor boarding establishment, you must comply with the usual procedures andrequirements for obtaining approval to operate a business. In these circumstances,you are also required to comply with the Code of Practice - Breeding Dogs,Code ofPractice - Breeding Cats, or the Code of Practice - Dogs and Cats in AnimalBoarding Establishments under the Prevention of Cruelty to Animals Act 1979, asissued by the Animal Welfare Unit of the Department of Primary Industries(Agriculture).

I have found a stray animal - what should I do with it?

If you have found a straying animal then you should check to see if its wearing acollar and tag and if so use the details to notify the owner. If its not, then you mustby law take the dog to either a council animal shelter or an approved premises(usually a vet practice) where they can try and locate its owner by scanning for amicrochip and getting the owners contact details from the Companion AnimalsRegister. Contact your local council for advice on where to take any stray animal.

Is council required to come and collect the stray animal I have found?

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No. Councils are not obliged to collect animals that members of the public havefound, but they do have an obligation to accept animals (both dogs and cats) that are

taken to a facility such as a council pound. Each council must best allocate itsresources as it sees fit. If you would like to see a pick-up service for animals in your
http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-6http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-7http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-7http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-5http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-5http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfarehttp://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfarehttp://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfarehttp://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfarehttp://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-5http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-5http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-7http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-7http://www.dpi.nsw.gov.au/agriculture/livestock/animal-welfare/codes/general/aw-code-6


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area, you could write to the General Manager of your council or contact your electedcouncillors who can raise your concerns with council directly.

Can I get after-hours assistance for companion animals issues?

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Yes. Many councils provide an after-hours service for their residents, especially forurgent matters that affect the safety of the community. If there is a dog attack andurgent assistance is required then the council after-hours contact number should beused. If an after-hours number is not available and there is a serious dog attack, thenthe police should be called.


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3. PENALTIES AND POWERS

What legislation regulates the responsible ownership of companion animals inNSW?

The Companion Animals Act 1998 is the main piece of legislation that regulates theresponsible ownership of companion animals and is supported by the CompanionAnimals Regulation 1999.

Who is responsible for enforcing the Companion Animals Act?

Local councils are the authority responsible for implementing the CompanionAnimals legislation. Councils have a range of responsibilities including planning,service provision, community education and enforcement.

The legislation gives Authorised Officers, who include certain council officers and

NSW police, a range of powers to deal with breaches of the Act as they occur. Theycan require the names and addresses of people who they reasonably suspect mayhave breached the Act. They are able to issue penalty notices for some offences, setby regulation, including breaches such as failing to dispose of dog faeces.

Officers can seize an animal which is stray, or to prevent injury to a person oranother animal or damage to property. Seized animals must be delivered to theirowner or to a council pound if the owner cannot be identified. Under very limitedcircumstances officers are able to enter private property to remove a dog which hasattacked a person or animal.

They are also able to stop an animal which is attacking or harassing animals in awildlife protection area or on inclosed lands within the meaning of the Inclosed LandsProtection Act 1901. If there is no reasonable alternative, council officers areempowered to injure or destroy an animal under these circumstances.

Councils also have a range of powers to deal with major or ongoing problems. Thesepowers include the ability to issue nuisance orders, which require the owner of a dogor cat to stop the animal from causing a particular nuisance. Failure to comply with anuisance order is an offence.

Councils can also declare a dog dangerous if it has without provocation attacked orkilled a person or animal, or repeatedly threatened to do so. The owners ofdangerous dogs must comply with strict conditions for the control and restraint oftheir animal, and must notify council of where a dangerous dog is to be kept.

Council officers can seize a restricted or dangerous dog if satisfied that any of thecontrol requirements have not been complied with in relation to the dog.

What wil l happen if I dont register my dog or my new cat?

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Failure to register or microchip your cat or dog as required by the Companion

Animals Act attracts a maximum penalty of $880 unless your dog is restricted ordeclared dangerous, in which case the maximum penalty is $5,500.


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What penalties are there in relation to nuisance dogs and cats?

If you fail to comply with a Nuisance Order which has been issued in relation to yourdog, the maximum penalty is $880 for a first offence and $1,650 for a second or

subsequent offence.

If you fail to comply with a Nuisance Order which has been issued in relation to yourcat, the maximum penalty is $330 for a first offence and $880 for a second orsubsequent offence.

What penalties are there for dogs that attack?

The maximum penalty for a dog attack by a restricted or dangerous dog has beenincreased to $55,000, or imprisonment for two years, or both. For all other dogattacks, a fixed penalty amount of $550 can be issued. This gives rangers and

animal management officers more options to deal quickly and decisively withirresponsible dog owners. If the matter is heard by a court, a maximum penalty of$5,500 can be imposed.

What penalties are there in relation to restricted or declared dangerous dogs?

If a restricted or declared dangerous dog attacks, harasses or chases a person oranimal, the maximum penalty applicable is $33,000.

Where a restricted or declared dangerous dog attacks or bites a person due tofailure to comply with control requirements, the maximum penalty applicable is$55,000 or 2 years imprisonment or both, with possible immediate destruction of thedog.

If a restricted or declared dangerous dog attacks or bites a person and haspreviously attacked, the maximum penalty is $22,000 or 2 years imprisonment orboth, with possible immediate destruction of the dog.

Where control requirements are not complied with in relation to a restricted ordeclared dangerous dog, the maximum penalty applicable is $16,500.

If a restricted dog is sold or advertised for sale or its ownership is accepted byanother person or if it is used for breeding purposes or advertised for breedingpurposes, the maximum penalty applicable is $16,500 for each of the offences.

If a restricted or declared dangerous dog is encouraged to attack, the maximumpenalty is $11,000 or 6 months imprisonment or both. In this case, if the dog attacksor bites a person the maximum penalty is $22,000 or 2 years imprisonment or both.

What can I do if I dont like the action council has taken in relation to acompanion animals issue?

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If you remain dissatisfied with action taken by council regarding any complaint, youmay write to the General Manager of your council or contact an elected councillor


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who can raise your concerns with council directly. If your concerns relate to amember of staff at the council, your letter should be directed to the General Managerwho is responsible for staffing matters.

The council sent me a fine - what can I do ?

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If you have been fined for breaching the Companion Animals Act and you believe thefine has been issued unfairly, you may ask for a review by the State Debt RecoveryOffice (SDRO) which is responsible for the administration and collection of finesissued by councils. The back of your penalty notice provides further details on whatto do. The State Debt Recovery Office has published theSDRO Review Guidelineswhich outline the circumstances and documentary evidence required in order toreview any penalty notice issued. Chapter 21 of the Guidelines refers to animaloffences. Alternatively, you can elect to have the matter dealt with by the court.
http://www.sdro.nsw.gov.au/lib/docs/misc/br_001.pdfhttp://www.sdro.nsw.gov.au/lib/docs/misc/br_001.pdf


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4. NUISANCE CATS AND DOGS

What is a nuisance cat or dog?

Nuisance dogs and cats are responsible for many of the pet related complaints

reported to local councils. Most councils have a protocol for investigating and takingaction against owners who allow their pets to cause a nuisance by straying,destroying property or, if a dog, barking too much.

Nuisance animal complaints (especially barking dogs) are often complex and candestroy neighbourly relations.

If you have a complaint about a nuisance dog or cat, try to talk to the owner of thedog or cat about it. If you are not comfortable doing that, then contact your localcouncil.

Councils generally have an established procedure for investigating barking dogcomplaints. It is common practice for local councils in urban areas to requirecomplaints from more than one resident before taking action in relation to a barkingdog. You may wish to seek the views of your neighbours to see if they share yourconcerns and if so, ask that they also write to council about the problem. Having anumber of neighbours sharing the same concerns enables council to make astronger case for action to be taken. This ensures that council has an appropriatestandard of evidence to prove a case in court, if required.

Many councils require a complainant to keep a diary noting when the dog is barking,

as some councils may not have the resources available to conduct high levels ofsurveillance on complaints they receive about this issue.

Where a council officer identifies a serious or ongoing problem, a Nuisance Ordercan be issued. This order requires the owner to stop the animal from the behaviourspecified in the Order. If the problem continues, the owner may be liable for a rangeof penalties for a first offence which increase for any further offences.

If you are not satisfied with the response from your council or the action your councilhas taken, then you should contact an elected councillor who may assist byapproaching council on your behalf.

If you are still not satisfied in relation to a barking dog, then you may take individualaction under the Protection of the Environment Operations Act 1997 by seeking aNoise Abatement Order through the Local Court. The following link provides furtherinformation. http://www.environment.nsw.gov.au/noise/barkingdogs.htmWill I be fined if my dog barks?

The problems caused by persistently barking dogs are a common neighbourhoodcomplaint reported to councils.

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Behavioural research shows that dogs bark out of boredom or frustration whenconfined or when they are not sufficiently exercised and stimulated. Problem barking
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can be prevented by training and by ensuring that your animal is well nourished,exercised and is not bored.

Under the Companion Animals Act, persistent barking is regarded as similar tostraying or other antisocial behaviour. Where a council officer identifies a serious or

ongoing problem, a Nuisance Order can be issued. This order requires the owner tostop the dog from barking persistently. If the problem continues, the owner may beliable for a maximum penalty of $880 for a first offence and $1,650 for any furtheroffences.

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5. DECLARED DANGEROUS DOGS

What is a declared dangerous dog?

Courts and authorised council officers may declare a dog to be dangerous if withoutprovocation, it has attacked or threatened to attack a person or animal. Dogs mayalso be declared dangerous if they display unreasonable aggression or are used orkept for the purposes of hunting. This does not include dogs used or kept for thepurpose of locating, flushing, pointing, or retrieving birds or vermin.

If you have evidence that a dog may be dangerous you should contact your localcouncil, or in an emergency contact your local Police station.

For more information including responsibilities and penalties, please see theRestricted and Dangerous Dogs in NSW brochure or contact your local council.

What should I do if council has issued me with a Notice of Intention to declaremy dog dangerous?

If you are issued with a Notice of Intention to declare your dog dangerous, you mustensure that your dog is registered, has a muzzle secured over its mouth and is underthe control of a competent person at all times when the dog is away from theproperty where it is normally kept.

You then have 7 days from the date the Notice of Intention is given to lodge an

objection with the council, together with any evidence you may have to support yourobjection. The council must consider your objection before making any declaration.

Note: Temperament assessments for restricted dogs are not applicable to any otherpart of the Act and you cannot use this assessment to contest a dangerous dogdeclaration.

For further information you should contact your local council.

I have a dog to guard my house - is it a dangerous dog?

No. Many people keep a dog with the expectation that it will increase the security oftheir home against burglars and trespassers. There is no problem with keeping adog with this aim in mind, provided that it does not become a danger to other peopleor animals.

Your dog is only at risk of being declared a dangerous dog if it has withoutprovocation attacked or killed a person or domestic, farm or native animal, orrepeatedly threatened to attack or repeatedly chased a person or animal. A formalprocess exists for declaring a dog to be a dangerous dog.

It should be noted that the Companion Animals Act makes it an offence to encourage

a dog to attack, whether or not an actual injury is caused.

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http://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdf


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As the owner of a dog you should be aware that you are liable if your dog attacks aperson or another animal. The Companion Animals Act gives certain protection toowners of dogs which attack as a result of a person or animal trespassing ontoproperty on which the animal is kept, however other forms of liability may still apply.

What do I need to do if my declared dangerous dog is lost or dies?

If you own a dangerous dog and it is lost or dies, then you must notify your localcouncil within 24 hours.

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6. RESTRICTED DOGS

What is a restricted dog?

Restricted dogs in NSW are as follows:

(a) American pitbull terrier or Pitbull terrier

(b) J apanese tosa

(c) Dogo Argentino (Argentinean fighting dog)

(d) Fila Brasiliero (Brazilian fighting dog)

(d1) Any other dog of a breed, kind or description whose importation into Australiais prohibited by or under the Customs Act 1901 of the Commonwealth

(e) Any dog declared by a council under Division 6 of the Act to be a restricteddog. A council-declared restricted dog refers to any dog where the council isof the opinion that the dog is of a breed or kind of dog on the restricted dog listor a cross-breed of any such breed or kind of dog.

For more information see the Restricted and Dangerous Dogs in NSW brochure orcontact your local council.

What should I do if Council has issued me with a Notice of Intention to declare

my dog restricted?

Recent changes to the companion animals legislation increased control provisionsfor restricted and declared dangerous dogs, as well as higher penalties for offences.This may include the seizure and destruction of a dog in certain circumstances.

If you are issued with a Notice of Intention to Declare a Dog to be a Restricted Dog,you must follow all of the instructions contained in the Notice.

If your dog is listed on the NSW Companion Animals Register as a pure-breed dogof a restricted breed, it cannot have a breed assessment carried out. A breed

assessment or temperament assessment is only carried out on a cross-breed of arestricted dog where the council has served a Notice of Intention to Declare A Dog tobe a Restricted Dog.

For further information see the Restricted and Dangerous Dogs in NSW brochure orcontact your local council.

What do I need to do i f my restricted dog is lost or dies?

If you own a restricted dog and it is lost or dies, then you must notify your localcouncil within 24 hours.

25
http://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdfhttp://www.dlg.nsw.gov.au/DLG/DLGHome/Documents/Information/Restricted_and_Dangerous_Dogs_in_NSW_-_Brochure.pdf


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6. VETS AND AUTHORISED IDENTIFIERS

I want to become an Authorised Identif ier what do I need to do?

If you are interested in becoming an Authorised Identifier, which allows you to

implant microchips in companion animals in NSW, the following organisations runtraining courses:

TAFE NSW (contact your closest TAFE)Animal Welfare League NSW - (02) 9606 9333

When you complete the course the training provider notifies the Department of LocalGovernment and access to the NSW Companion Animals Register is established forthe input of microchip animals identification information.

As a vet, how can I get access to the NSW Companion Animals Register?

(a) as an Authorised Identifier

Send an email to [email protected] advising your full name, vet practice contactdetails and personal contact details as well as your NSW Veterinary PractitionersBoard number. You will receive acknowledgment of your request which will then beprocessed for approval by the Director General. Access to the Register will beestablished and you will receive written confirmation of your username and passwordfor the input of microchip animals identification information.

(b) as an Approved Person

The application form is located in the Guideline for Approved Persons.

How can I order more NSW Companion Animals Register forms?

Supplies of all forms are available from Salmat. Requests should be e-mailed [email protected] faxed to (02) 9743 8603. In addition, they can bedownloaded from the Companion Animals website.

What is an Approved Person?

An approved person is a person operating an approved premises authorised by theDirector General (usually vets, interstate councils and animal welfare organisations)to have access to the NSW Companion Animals Register, to enable a microchipnumber search to assist the return of lost animals to their owners.

How can I become an Approved Person?

The application form is located in the Guideline for Approved Persons.

This information was last updated on 10 October 2007.
mailto:[email protected]://www.dlg.nsw.gov.au/dlg/dlghome/documents/Forms/CA_Guidelines_approved_persons.pdfmailto:[email protected]://www.dlg.nsw.gov.au/dlg/dlghome/dlg_InformationIndex.asp?areaindex=CA&index=301http://www.dlg.nsw.gov.au/dlg/dlghome/documents/Forms/CA_Guidelines_approved_persons.pdfhttp://www.dlg.nsw.gov.au/dlg/dlghome/documents/Forms/CA_Guidelines_approved_persons.pdfhttp://www.dlg.nsw.gov.au/dlg/dlghome/dlg_InformationIndex.asp?areaindex=CA&index=301mailto:[email protected]://www.dlg.nsw.gov.au/dlg/dlghome/documents/Forms/CA_Guidelines_approved_persons.pdfmailto:[email protected]

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